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Henry Vijayakumar vs The State Of Kerala on 25 August, 1993

Annexure-1, order dated March 26, 2011 passed by the Sub Divisional Magistrate, Alappuzha is under challenge. The Sub Divisional Magistrate issued that order purporting to be under Section 107 of the Code of Criminal Procedure (for short, "the Code") in M.C.No.39 of 2011 directing petitioner to appear before the Sub Divisional Magistrate on April 7, 2011 to enter into a bond with sureties for keeping peace for a period of one year as mentioned in the order. Learned counsel submitted that the said order is bad in law since it does not comply the procedure prescribed in the Code and also since the materials on which the Sub Divisional Magistrate is said to have formed satisfaction are not disclosed in Annexure-1, order. Learned counsel has placed reliance on the decisions in Henry Vijayakumar v. State of Kerala (2009 (4) KLT 495) and Girish v. State of Kerala (2009(4) KLT 102 (Case No.99). Learned Public Prosecutor contends that Annexure-1, order could be treated as a notice under Section 107 of the Code.
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